ATIVISMO JUDICIAL e a judicialização da política brasileira

Abstract

This work undertakes a critical analysis of the interaction between Brazilian politics and the growing judicialization of social demands, culminating in the expansion of the Judiciary's role into the sphere traditionally reserved for the Legislature. Given the increasingly prevalent phenomenon in Brazil, this study aims to unveil how political inertia towards the demands of certain social groups has provided fertile ground for judicial intervention in political and legislative domains. The investigation was conducted through a robust bibliographic review, including the analysis of articles by renowned researchers in the legal field who have already debated the subject. The findings of the study point to a scenario where politicians' reticence to address crucial issues for society results in an overload on the Brazilian Judiciary. This shift of responsibilities, it is evidenced, destabilizes the constitutional configuration of the Three Powers, thereby compromising the integrity of Brazilian democracy and the well-being of the population. This work analyzes judicial activism and the judicialization of Brazilian politics. Such an approach is necessary in the face of the growing occurrence of this phenomenon in the Brazilian scenario. The purpose of this study is to analyze how Brazilian politics has led the judiciary to adopt a proactive stance towards certain demands, thus exceeding its competence. This task will be accomplished through the bibliographic review of articles that have already debated the topic. The study demonstrated that the lack of interest of politicians in discussing issues relevant to society overburdens the Brazilian judiciary and unbalances the constitution of the three powers, harming the population and Brazilian democracy.